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ARTICLE · 02 SEPTEMBER 2015

Can Management Avoid Responding To A Reasonable Accommodation Request When A Resident Is Facing An Eviction Action? No

Fox Rothschild LLP
Fox Rothschild LLP
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The law provides that management must review and evaluate reasonable accommodation and reasonable modification requests received at any time.

United StatesReal Estate and Construction

Readers of this space know that I regularly write that professional apartment management maintains an absolute obligation to review, evaluate, and respond to every reasonable accommodation (and/or reasonable modification) request we receive from our residents (and/or our applicants).  I am certainly not writing that management must grant each request in the form it was made, but management must consider and respond to it.  Doing so is part of the interactive process developed in the Fair Housing Act (FHA).

Which is all fine and good.  Except, what happens when a resident facing eviction (typically for non-payment of rent, but it can be for any other valid, non-discriminatory reason) submits a reasonable accommodation or modification request during the pendency of an eviction action?  Not to be cynical, but I would be shocked if a plaintiff's lawyer would attempt to prevent an eviction by submitting, for example, a reasonable modification request seeking a ramp for

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